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(영문) 서울남부지방법원 2015.11.25 2015가단211122
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 86,613,849 and KRW 85,953,969 among the Defendants, from December 31, 2014 to March 31, 2015.

Reasons

Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs A1 through 7, the Plaintiff entered into a loan guarantee agreement with the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on April 30, 2012, setting the guarantee amount of KRW 100 million and the guarantee period from April 30, 2012 to April 30, 2014 at a rate of 12% per annum; Defendant B and C jointly and severally guaranteed the above obligations of the Defendant Co., Ltd.; the Defendant Co., Ltd received a loan from the National Bank under the said credit guarantee agreement, but failed to repay the loan; the Plaintiff subrogated the National Bank to KRW 85,953,969 on December 31, 2014; the additional guarantee fee incurred by the Plaintiff’s guarantee in excess of the credit guarantee period of KRW 214,30; and the substitute payment paid is 445,550.

According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 86,613,849 and the amount of subrogated payment of KRW 85,953,969 from December 31, 2014, which is the date of subrogation, to March 25, 2015, the date of final service of the original copy of the instant payment order, 12% per annum, which is the agreed interest rate, from March 25, 2015; 20% per annum from the following day to September 30, 2015; and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.

Therefore, the plaintiff's claim is justified and accepted.

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